Legal Opinion

Robinson v. Baltimore & Ohio R.

West Virginia Supreme Court

Decided October 6, 1908PublishedCited by 7 opinions

Error to Circuit Court, Marion County. Clarence D. Robinson brought an action of assum/mt against the Baltimore and Ohio Railroad. Judgment for defendant and plaintiff brings error.

1Opinion of the Court

Miller, Judok:

The plaintiff sued the defendant in an action of /mumps it to recover $150.00, the aggregate .of certain alleged overcharges of freight on interstate shipments of coal loaded from wagons at Fairmont, West Virginia, and consigned to various persons without the State. The case was tried by the court .in lieu of a jury, upon an agreed state of facts, and the finding and judgment of the court thereon being for the defendant, the plaintiff has brought the case here upon a writ of error.

It is agreed that the rate charged the plaintiff was in accordance with an amended schedule,…

2Cases cited4 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. State v. JohnstonTennessee Supreme Court · 1847
  3. Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
  4. Shriver v. GarrisonWest Virginia Supreme Court · 1887

3Cited by7 opinions

  1. Charleston Apartments Corp. v. Appalachian Electric Power Co.West Virginia Supreme Court · 1937
  2. Kahn v. American Railway Express Co.West Virginia Supreme Court · 1921
  3. State ex rel. Public Service Commission v. Baltimore & Ohio R. R.West Virginia Supreme Court · 1915
  4. State ex rel. Croy v. Bluefield Water Works & Improvement Co.West Virginia Supreme Court · 1920
  5. Chesapeake & Ohio Railway Co. v. RogersWest Virginia Supreme Court · 1915

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